(1) There shall be paid to the commissioner for all commercial fertilizers distributed in this state an inspection fee at the rate of Twenty-five Cents (25¢) per ton, provided that sales to manufacturers or exchanges between them are hereby exempted. Fees so collected shall be used for the payment of the costs, by act of the Legislature, of inspection, sampling and analysis, and other expenses necessary for the administration of this chapter. On individual packages of commercial fertilizer containing ten (10) pounds or less, there shall be paid in lieu of the annual registration fee of Ten Dollars ($10.00) per brand and grade and the Twenty-five Cents (25¢) per ton inspection fee, an annual registration fee and inspection fee of Fifty Dollars ($50.00) for each brand and grade sold or distributed. Where a person sells commercial fertilizer in packages of ten (10) pounds or less and in packages over ten (10) pounds, this annual registration and inspection fee of Fifty Dollars ($50.00) shall apply only to that portion sold in packages of ten (10) pounds or less, and that portion sold in packages over ten (10) pounds shall be subject to the same inspection fee of Twenty-five Cents (25¢) per ton as provided in this chapter.
(2) Every registrant or guarantor who distributes a commercial fertilizer in this state shall file with the commissioner, on forms furnished by the commissioner, an annual statement setting forth the number of net tons of each commercial fertilizer distributed in this state during the previous year. The report shall be due on or before the thirtieth day of the month following the close of the reporting year. Upon such statement the registrant shall pay the inspection fee at the rate stated in subsection (1) of this section.
If the tonnage report is not filed and the payment of inspection fee is not made within thirty (30) days after the end of the reporting year, a collection fee amounting to ten percent (10%) of the amount, but in no case less than Ten Dollars ($10.00), shall be assessed against the registrant, and the amount of fees due shall constitute a debt and become the basis of a judgment against the registrant.
(3) When more than one (1) person is involved in the distribution of a commercial fertilizer, the last person who has the fertilizer registered and who distributes to a nonregistrant, dealer or consumer, is responsible for reporting the tonnage and paying the inspection fee.
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